Adrian D. Baker

The Ontario Court of Justice granted summary judgment in favour of the Children’s Aid Society of the Region of Peel, placing three children in extended society care due to chronic and long-standing child protection concerns including domestic violence, parental substance abuse, and mental health issues.

The court emphasized the children’s expressed wishes not to return to parental care, the lack of meaningful progress despite years of intervention, and the need for permanency and closure.

The decision carefully applied the Child, Youth and Family Services Act, 2017, and the principles from Hryniak v. Mauldin regarding summary judgment, underscoring the cautious approach required in child protection cases.

This decision addresses complex parenting issues including choice of dentist and school, holiday parenting time, travel consent, attendance at extracurricular activities, contempt allegations, and child support with s.7 expenses.

The court emphasizes the best interests of the child, Charlotte, born 2019, and resolves disputes over dental care by appointing Dr. Kevin Dann, and school attendance by ordering Charlotte to attend the local public school rather than private school due to insufficient evidence of need and financial concerns.

The court declines to find the mother in contempt for a missed parenting time weekend but orders make-up time.

Regarding child support, the court imputes income to the father based on expert valuations, finds significant arrears, and orders proportionate sharing of special expenses including capoeira classes and dental costs.

The applicant father brought a contempt motion against the respondent mother for failing to comply with a previous order granting him sole decision-making authority for their child's education for the 2023/2024 academic year.

The mother continued to homeschool the child despite the father's decision to enroll her in an in-person school.

The court found the mother in contempt, ruling that her interpretation of the previous order was without merit and that her actions deliberately violated the order's spirit and intent.

The court imposed a penalty and costs, and extended the father's sole decision-making authority for education for an additional academic year.